Tom Butt
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  Point Molate Litigation Heats Up
June 9, 2022

The second shoe to drop in the litigation by Winehaven Legacy LLC against the City of Richmond for its illegal and unethical actions and breach of the covenant of good faith and fair dealing consisted of an ex parte request for a restraining order to prevent transfer of title to Upstream and the Tribe. A Temporary Restraining Order (TRO) granted by the Court (Contra Costa County Case No. C22-01081) and included:

  1. Applies only to conveyance of the property to the Tribe.  The Tribe can continue with its efforts to find a buyer for the property or make it Tribe trust property.  No bond required for the TRO.
  2. Hearing on preliminary injunction will be on July 7 at 9 a.m. in Dept. 36, the department to which this case is assigned for all purposes.
  3. Winehaven is to serve all its papers for the motion for preliminary injunction by hand or electronically by 5 p.m. tomorrow. 
  4. Opposition to the motion for preliminary injunction is due June 22.
  5. Reply is due June 29.